Madan Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49790 of 2022 Arising Out of PS. Case No.-407 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Madan Bhagat Son of Vidhaya Bhagat Resident of Kotrahan Ward 08, Shampur, Kohraha, P.S.- Nautan, Bettiah, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishal Prasad, Adv.
For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.
The petitioner seeks regular bail in connection with Nautan P.S. Case No. 407 of 2021, G.R. Case No. 4008 of 2021 lodged under Section 30(a) of the Bihar Prohbition and Excise Act, 2016.
As per the prosecution case, total recovery of 129.600 liter wine is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 11.06.2022 having clean antecedent and charge sheet has already been filed in this
Patna High Court CR. MISC. No.49790 of 2022(3) dt.26-11-2022 2/2 case. He also submits that from the seizure list it transpires that the said recovery was made from an agricultural field. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah in connection with Nautan P.S. Case No. 407 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ashishsingh/- U T